- (1.) The instant writ petition has been filed by the Union of India and Central Board of Excise and Customs challenging the orders dated 4 March, 2016 and 14 May, 2016 passed by Central Administrative Tribunal, Allahabad Tribunal in Original Application No.93 of 2015 filed by the first respondent. The first respondent is a direct recruit DR Customs Appraiser of the batch of 1982 and in due course of time was promoted on adhoc basis as Assistant Collector of Customs and Central Excise, an entry level post of Group 'A' of Indian Revenue Service, by order dated 20 September 1994. Presently he is holding the post of Additional Commissioner w.e.f. 1 January, 2007. He led a challenge to the revised select list dated 4 February 2013 notifying regular promotions to Grade VI of Indian Customs and Central Excise Service Group 'A' for the period 1980 to 1996-97 as well as the revised final seniority list of Assistant Commissioners of Central Excise dated 27 February 2013.
(2.) The Tribunal has by impugned orders quashed the revised select list dated 4 February, 2013 and the final seniority list dated 27 February, 2013 to the extent of the infirmities found therein by it. The petitioners have been directed to redraw the revised select list and consequently, revise the final seniority list by following the observations and directions contained in paragraphs 20, 24 and 29 of the judgment. It has further been directed that while revising and recasting the final seniority list, the petitioners shall not disturb the number of slots given to the direct recruits in each of the respective year from 1 January, 1980 to 31 March, 1997. The revision and recasting of the final seniority list would only be in respect of promotion quota element of Customs Appraisers. A general direction has also been issued for extending cumulative benefit of the judgment to all Customs Appraisers. It has been further provided that for implementing the judgment, if administrative exigencies so require, the petitioners would be free to make adhoc promotions based on the date of appointment as Assistant Commissioner in case of a direct recruit and date of promotion as Assistant Commissioner in the case of a promottee. Thus, while determining the seniority of DR's and promotees, they will be placed in the seniority list by rotating them in the ratio of 1:1 till the DR's of a particular recruitment year are exhausted. Thereafter, all the adhoc promotees of a recruitment year will be bunched together in that recruitment year itself.
(3.) The main effect of the judgment of the Tribunal, interalia, is to accord approval to all adhoc promotions made to Group 'A' Services in the same recruitment year irrespective of the fact that the promotions had been made in excess of the 50% quota for promotion prescribed under the Service Rules. Before discussing the other implications of the judgment of the Tribunal, it is considered appropriate to narrate the background in which these directions have been issued. The promotions to Indian Customs and Central Excise Group 'A' Services is governed by the Indian Customs and Central Excise Service Group 'A' Rules, 19873. The feeder cadre for promotion to Group 'A' Services are:- (a) Superintendents of Central Excise, Group 'B' (b) Superintendents of Customs (P), Group B; and (c) Customs Appraisers, Group 'B'- (i) Recruited directly through UPSC, as (a) Non-experts on the basis of All-India Civil Services Exam., and (b) Experts on the basis of specific requisitions placed with the UPSC, and ; (ii) Promoted from the feeder cadres of Customs Examiner;